Pinaki Chandra Ghose, J. - (1.) This application has been filed for determination of the quantum of rent payable by the defendant/petitioner to the plaintiffs and upon determination the defendant/petitioner be permitted to pay/deposit the amount so determined with statutory interest by suitable monthly instalments. The defendant/petitioner further prayed for permission to deposit a sum of Rs. 27,96,181.59 with statutory interest thereon in 20 monthly instalments.
(2.) When the application was moved before this Hon'ble Court an ad-interim order was passed on 4th May, 2001 when the Hon'ble Court was pleased to dicrect the defendant/petitioner to deposit the said admitted arrears of monthly rent in 20 equal monthly instalments along with the current rent to be paid on or begore 7th of each succeeding month. First of such instalments was directed to be paid on or before May 7, 2001. The said order dated 4th May, 2001 was modified by consent of the parties by an order dated May 22, 2001. The order for payment of arrear rent, quantum of rent was directed to be subject to final determination by this Hon'ble Court.
(3.) Facts of the case briefly are as follows : A suit has been filed by the plaintiff for a decree for eviction of the defendant/petitioner on the ground that the defendant/petitioner has failed to pay the monthly rent, car parking charges and the consolidated rates, monthly taxes and commercial surcharge in respect of tenancy in question. The tenancy is in respect of a portion of the 7th floor and the entire 8th floor of the premises No. 24, Park Street, Kolkata (hereinafter referred to as the said premises). ;